P. v. Mercado CA1/4
Pursuant to a plea agreement, defendant Jericho Parrish Mercado pled guilty to one count of first degree burglary in return for a stipulated two-year sentence. As part of the plea, defendant agreed to a so-called Cruz waiver, pursuant to which he was released from custody in return for his promise, among other things, to return for sentencing or face a maximum term sentence which in this case would be six years. After defendant twice failed to appear at sentencing, the court found defendant in violation of the waiver and sentenced him to the maximum term. On appeal, defendant contends there is no substantial evidence that he willfully violated the terms of his Cruz waiver. We agree and shall reverse.
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